Legal Question in Family Law in Nevada
Child Support in Community Property States
My fiance and I are contemplating marriage. One problem is that we live in a community property state. Can my income be used in determining the amount of child support for his son who lives in Montana?
2 Answers from Attorneys
Re: Child Support in Community Property States
You have no obligation so the answer is no.
Re: Child Support in Community Property States
I do not know the law of Montana. However, in Nevada the income of a new spouse does NOT count as gross income of the parent. However, it can be a factor in increasing the amount of child support. Confusing, I know. However, imagine this--if you married a millionaire and therefore didn't work, the court would consider this in computing support. Again, however, child support may have to be computed under Montana law.
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